Supreme Court sets aside Calcutta HC's blanket ban on firecrackers in West Bengal

New Delhi, Nov 01: The Supreme Court on Monday set aside the Calcutta high court order banning firecrackers during Kali Puja, Diwali and some other festivals this year to check air pollution amid the COVID-19 pandemic.

A special bench of justices A M Khanwilkar and Ajay Rastogi observed that the top court had allowed the use of green crackers in areas where the ambient air quality is "moderate".

The high court on October 29 had banned sale, use and purchase of all types of firecrackers in the state.

In its order, the high court had said that the expression "firecrackers" will cover all types of sparklers as well as other similar materials, whether or not their bursting or burning involves any sound or light generation.

"The state should ensure that there is no use or display or bursting of firecrackers of any type at all during Kali Puja, Diwali celebrations as well as Chhath Puja, Jagadhatri Puja, Guru Nanak's birthday and Christmas and New Year's eve celebrations this year," the high court had said.

It had said that only wax or oil-based diyas may be used for the occasions.

The high court has directed police to maintain a strict vigil to ensure that there is no further sale or purchase of firecrackers and take appropriate measures against those found violating the order.

The petition in the high court had claimed that the bursting of firecrackers of all classes will severely endanger the right to life of citizens of the state, particularly in view of the worsening pandemic situation, as it would increase air pollution.

It sought a re-imposition of the ban that the court had ordered before Diwali and Chhath in 2020.

On October 29, the apex court had said celebration cannot be at the cost of others' health and clarified that while there is no total ban on the use of firecrackers, fireworks which contain Barium salts are prohibited.

Warning that top officials at various levels "shall be held personally liable" for any lapses, the apex court had said it is unfortunate that despite various directions issued by it there is a blatant violation going on.